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illinois Vs. Vitale
Cites for this judgment
- US Supreme Court
- Jun 19, 1980
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U.S. 410 (1980) U.S. Supreme Court Illinois v. VitaleSearch
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U.S. 410 (1980) Illinois v. VitaleSearch
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charges, depends on whether each statute in question requires proof of a fact which the other does not. Blockburger v. UnitedSearch
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under Blockburger and respondent's trial on the latter charge would constitute double jeopardy. Brown v. OhioSearch
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guarantee is applicable to the States through the Due Process Clause of the Fourteenth Amendment, Benton v. MarylandSearch
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applies not only in traditional criminal proceedings but also in the kind of juvenile proceedings Vitale faced. Breed v. JonesSearch
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for double jeopardy purposes as the manslaughter charges brought against Vitale. In Brown v. OhioSearch
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whether two offenses are the same for purposes of barring successive prosecutions. Quoting from Blockburger v. UnitedSearch
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States, 284 U. S. 299 , 284 U. S. 304 (1932), which, in turn, relied on Gavieres v. UnitedSearch
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each statute requires proof of an additional fact which the other does not,' Morey v. CommonwealthSearch
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Iannelli v. UnitedSearch
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Id. at 239, 375 N.E.2d at 91. The Illinois court relied upon our holding in Brown v. OhioSearch
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S. 419 that because it is not necessary to prove a failure to slow to establish manslaughter, the rule of Brown v. OhioSearch
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and Page 447 U. S. 420 Vitale's trial on the latter charge would constitute double jeopardy under Brown v. OhioSearch
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has been charged, his claim of double jeopardy would be substantial under Brown and our later decision in Harris v. OklahomaSearch
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the Fifth and Fourteenth Amendments of the United States Constitution. v. BecauseSearch
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In Iannelli v. UnitedSearch
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We recognized in Brown v. OhioSearch
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in itself, for affirming the judgment of the Illinois Supreme Court. First after applying the test set forth in Brown v. OhioSearch
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proceedings on the double jeopardy issue should bar the second trial in this case. I Relying on Blockburger v. UnitedSearch
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Page 447 U. S. 425 to deviate from that test. On the contrary, it relied heavily on this Court's opinion in Brown v. OhioSearch
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U.S. at 432 U. S. 168 . Having made the finding required by Brown v. OhioSearch
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it would be dispositive. In Harris v. OklahomaSearch
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for robbery where the robbery had been used to establish the requisite intent on the murder charge. Cf. Whalen v. UnitedSearch
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charge, such a result may not have been required by a literal application of the Blockburger test, see Whalen v. UnitedSearch
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the citizen from multiple trials. The vital interest in avoiding an unlawful second trial led the Court in Abney v. UnitedSearch
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same' under Blockburger, and Vitale's trial on the latter charge would constitute double jeopardy under Brown v. OhioSearch
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Ante at 447 U. S. 419 -420. See also Brown v. OhioSearch
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have the final authority to interpret . . . that State's legislation.' Garner v. LouisianaSearch
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U.S. Supreme Court Illinois v. VitaleSearch
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Blockburger v. UnitedSearch
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Brown v. OhioSearch
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the Due Process Clause of the Fourteenth Amendment, Benton v. MarylandSearch
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Breed v. JonesSearch
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Vitale. In Brown v. OhioSearch
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Gavieres v. UnitedSearch
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Morey v. CommonwealthSearch
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of Brown v. OhioSearch
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Harris v. OklahomaSearch
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the Fifth and Fourteenth Amendments of the United States Constitution. v. BecauseSearch
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In Harris v. OklahomaSearch
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Cf. Whalen v. UnitedSearch
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Whalen v. UnitedSearch
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Abney v. UnitedSearch
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Garner v. LouisianaSearch
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